Bill 75 (Legislature 14, Session 1)

L14 S1 5965

Alberta — Bills

No. 75 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 75 A Bill to amend The Domestic Relations Act RON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majeaty, Edmonton, Alberta, 1960

Explanatory Note 1. This amendment will increase the weekly maximum main tenance from $30.00 to $40.00; it will enable a wife with the care and custody of children to obtain a maintenance order against the husband where she is not a "deserted wife". Seotion 27(11) and (.2) reads: "27.

(1) A married woman shall be deemed to have been deserted within the meaning of this Part, when she is, in fact, living apart from her husband, whether on account of cruelty on the part of the husband, or on acoount of the refusal or neglect by the husband without sufficient cause to supply her with food and other necessaries when able to do so.

(2) A married woman deserted by her husband may apply to a magistrate who, on being satisfied that her husband being able, wholly or in part, to maintruin his wife or his wife and family, has wilfully neglected to do so, and has deserted her, may summons the husband to appear before him and may, after due hearing, order that the husband pay to the applicant personally, or for her use to a third person on her be'half and named in the order, such weekly sum not exceeding thirty dollars for the maintenance of his wife or his wife and family, as the magistrate conside~s reasonable having regard to the means both of the husband and wife."

II LL No. 75 of 1960

An Act to amend The Domestic Relations Act (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. The Domestic Relations Act, being

chapter 89 of the Revised Statutes, is amended as to

section 27 by (

a) striking out the word "thirty" in subsection (2) and by substituting the word "forty", (

b) by adding immediately after subsection (2) the following subsection: (2a) Where a married woman has not been de serted by her husband, if she has the care and custody of their children she may apply to a magistrate for an order for maintenance restricted to the maintenance of the children, and the applica tion may be dealt with in every other respect as an application under subsection (2) by a deserted wife. 2. This Act comes into force on the day upon which it is assented to.

No. 75 FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to amend The Domestic Relations Act Received and read the First time. Second time. Third time. HON. MR. MANNING Title: 1960 (14th, 1st) Bill 75,

An Act to amend The Domestic Relations Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5965
Type	bill
Volume / chapter	L14 S1 5965
Language	en
Format	json
Source	PROVINCIAL
Identifier	7565cabdf8039643f7e5bbc5e817f847cbdf3f37

Source file is stored in the law ingest library (json).